Word: consenting
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...physical defect that may be related to, but is separate from, the syndrome itself, is worth examining. (Down's Syndrome is the possession of an extra chromosome, usually on the twenty-first pair.) The physical defect can be corrected by surgery, but the Mongolism itself remains irreversible. Parental consent is, as usual, required for the corrective surgery...
...parents deny consent for the operation. Now the issue is whether the courts should appoint a legal guardian who will give consent for the operation. Clearly, if the child had been "normal" the court would declare the parents negligent, and appoint an appropriate guardian. Over the years, the courts have acted thus in cases involving normal children...
PERHAPS THE MOST common examples of the courts ruling this way with regard to normal children are those in which Jehovah's Witness parents refuse consent because their religion forbids transfusions. The courts have traditionally overridden the parents' religious scruples and ordered the operation in the best interest (and to protect the right) of the innocent child. The court would not rule in the case of an adult of sound mind refusing consent to an operation on himself...
...such cases are complicated by the very nature of the parents' refusal for consent. That is, the decision has implicit overtones with regard to the questions of church vs. state supremacy and rights assured by the First Amendment...
...Mongoloids only marginally capable of coping with a classroom situation, and therefore deny them entrance. Most institutions contend that these children are at best merely "trainable" or "educable." However, it is of particular interest that no single religious or socio-economic group has a monopoly on couples who refuse consent for necessary surgical correction in such cases...